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2026 DAILYLAW 5694 (CHH)

SWAPNIL MITTAL v. STATE OF CHHATTISGARH

CRMP/693/2026 · 2026-03-10

Shri Ravindra Kumar Agrawal

body2026

Judgment text

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1 2026:CGHC:11566-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 693 of 2026 1 - Swapnil Mittal S/o Suresh Mittal Aged About 36 Years Partner Of M/s S M Shop S/o Shri Suresh Kumar Mittal R/o D6 Sector - 2, Agroha Society Behind Rewa Showroom, Raipura, Raipur, District : Raipur, Chhattisgarh 2 - Garima Sharma W/o Swapnil Mittal Aged About 36 Years Patner Of M/s S M Shop, S/o Shri Suresh Kumar Mittal R/o D 6 Sector - 2 Agroha Society Behind Rewa Showroom, Raipura Raipur, District : Raipur, Chhattisgarh 3 - Suresh Mittal S/o Prahalad Mittal Aged About 64 Years Partner Of M/s S M Shop, R/o D 6 Sector - 2 Agroha Society Behind Rewa Showroom, Raipura Raipur, District : Raipur, Chhattisgarh. 4 - Piyush Rathi S/o Suresh Kumar Rathi Aged About 39 Years R/o Sadan, Agroh Society Raipur, Thana - D D Nagar, Raipur, Chhattisgarh. 5 - Vikram Singh S/o Ramashray Singh Aged About 37 Years R/o E 1-2, Celebrity Home, Kabir Nagar Thana - Kabir Nagar, District : Raipur, Chhattisgarh. ... Petitioner(s) Versus 1 - State of Chhattisgarh Through The Station House Officer Police Station Azad Chowk, Raipur, Chhattisgarh. 2 - M/s Chhattisgarh Steel Through It's Partner Mr. Rajesh Agrawal R/o Main Road Jawahar Nagar Moudhapara, District : Raipur, Chhattisgarh. ... Respondent(s) For Petitioners : Shri Akhand Pratap Pandey, Advocate. For State : Shri Saumya Rai, Dy. Govt. Advocate. For Respondent No.2 : Shri Sudhanshu Upadhyay, Advocate. Hon'ble Shri Justice Ramesh Sinha, CJ Hon’ble Shri Justice Ravindra Kumar Agrawal, J Order on Board 11.03.2026 Per, Ramesh Sinha, CJ. 1 The petitioners have filed this petition seeking following reliefs: INDRAJEET SAHU Digitally signed by INDRAJEET SAHU Date: 2026.03.16 17:35:54 +0530 2 “1. Quash and set aside Charge-Sheet bearing No. 339 of 2023, submitted by Police Station Azad Chowk,, District Raipur in FIR No. 168 of 2022 registered under Sections 120B & 420 of the Indian Penal Code, 1860, and all consequential proceedings arising therefrom on the ground of compromise. 2. Quash and set aside the order dated 22.12.2023 passed by the learned Judicial Magistrate First Class Raipur, whereby cognizance was taken against the petitioners for the offences under Sections 120B & 420 of the Indian Penal Code, 1860, 3. Quash and set aside the order dated 11.02.2026 passed in Criminal Case No. 22561 of 2023, passed by the learned Judicial Magistrate First Class Raipur, District Raipur whereby charges under Sections 120B & 420 of the Indian Penal Code, 1860 have been framed against the petitioners. 4. Quash the entire proceedings of Criminal Case No. 22561 of 2023, for the offence punishable under Sections 120B & 420 of the Indian Penal Code, 1860 pending before learned Judicial Magistrate First Class Raipur Raipur, District Raipur, as continuation of the said trial would amount to abuse of the process of Court in light of the amicable settlement between the parties. 5. Pass such further or other orders as this Hon'ble Court may deem fit and proper in the interest of justice.” 2 Learned counsel for the petitioners would submit that he moved an application for taking correct name of private respondent on record along with covering memo dated 11.03.2026. He would further submit that due to inadvertence the description of respondent No.2 was incorrectly typed in the cause title of the petition as M/s Chhattisgarh Steel through it’s partner Mr. Rajesh Agrawal R/o Main Road, Jawahar Nagar, Moudhapara, District Raipur, Chhattisgarh, whereas, the correct description of respondent No.2 is Amar Steel, having its registered address at Ring Road No.2, Gondwara, Raipur, Chhattisgarh through its Proprietor Mr. Shreyansh Kumar Jain. Therefore, he prays that in place of existing respondent No.2, the proposed description of respondent No.2 in the application may be considered in the present petition. 3 3 Considering the submissions made by the counsel for the petitioners, further considering that the petitioners have not prayed in the application for substitution of correct description of respondent No.2, but have only prayed for taking on record the correct description of respondent No.2 which is not the proper procedure for filing an application for substitution of correct description of respondent No.2, and further that the entire description of respondent No.2 is being changed by proposed substitution, we reject the application of the petitioner dated 11.03.2026. 4 At this juncture, learned counsel for the petitioners prays for withdrawal of the present petition with liberty to file a duly constituted fresh petition having correct description of the party. 5 The submissions made by the counsel for the petitioners have not been opposed by the opposite party. 6 On due consideration upon the submissions made by the counsel for the petitioners, the present petition is dismissed as withdrawn with liberty to file duly constituted fresh petition, subject to depositing a sum of Rs. 5000/- as cost by the petitioners in the Registry of this Court within a period of 10 days from today and the said amount shall be transmitted to Government Home for Mentally Undeveloped Children, Mana Camp, District Raipur, Chhattisgarh. 7 Registry is directed to return certified copies of documents to counsel for the petitioners after retaining its attested true copy. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice inder